Bombay High Court
Vijaykumar Vasant Rane And Others vs The State Of Maharashtra And ... on 6 April, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907. WRIT PETITION NO.5802 OF 2021
1. Vijaykumar s/o. Vasant Rane,
Age 41 years, Occu. : Service.
2. Anupama Pralhad Bharate,
Age 40 Years, Occu : Service,
3. Vinod s/o. Arjun Ghogare,
Age: 40 Years, Occu. Service.
4. Padmakar s/o. Vasant Mahajan,
Age: 44 Years, Occu : Service.
5. Madhuri Sudhakar Chaudhari,
Age : 38 Years, Occu : Service,
Petitioner no. 1 to 5 are,
R/o. Late Ganpatrao Khadase Ashram
School Kothali, Tq.Muktainagar,
Dist. Jalgaon.
6. Rekha Prabhakar Patil,
Age: 50 years, Occu : Service,
R/o. Primary Ashram School Rasalpur,
Tq. Raver, Dist. Jalgaon.
7. Rajendra s/o. Prabhakar Kachole,
Age: 36 Years, Occu. Service,
8. Sushila Laxman Pawara,
Age: 37 Years, Occu. : Service,
Petitioner no. 7 and 8 are
R/o : Madhyamik Ashram School Jamnya-
Gadrya, Tq. Yawal, Dist. Jalgaon.
9. Magan Jagan Deore,
Age: 55 Years, Occu : Retire,
R/o : Chatrasel, Tq. Chopda,
Dist. Jalgaon. .. PETITIONERS
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VERSUS
1. The State of Maharashtra
Through Secretary, Tribal
Development Department,
Mantralay, Mumbai-32.
(Copy to be served on G.P.
High Curt of Bombay Bench
at Aurangabad)
2. The Additional Commissioner,
Tribal Development Department,
Nashik Division, Nashik,
Old Mumbai-Agra Road,
Gadkari Chowk, Nashik.
3. The Project Officer,
Integrated Tribal Development
Department, Yawal, Tq.Yawal,
Dist. Jalgaon. ..RESPONDENTS
...
Mr.Ajay D. Pawar, Advocate for the
petitioners
Mr.S.P.Tiwari, AGP for the respondent-State.
...
WITH
933. WRIT PETITION NO.5850 OF 2021
1. Dattatray Bapu Raut,
Age: 37 years, Occu : Service,
2. Chanda Deoram Vairagar,
Age: 46 years, Occu : Service
Both the petitioners are
R/o. Shri Baneshwar Ashram School,
Burhannagar, Tq. and Dist.
Ahemadnagar. .. PETITIONERS
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3
VERSUS
1. The State of Maharashtra,
Through Secretary,
Other Backward Bahujan Welfare
Department, Mantralaya,
Mumbai-32.
(Copy to be served on Govt.
Pleader, High Court of Bombay,
Bench at Aurangabad)
2. The Director,
Other Backward Bahujan Welfare,
Maharashtra State, Pune.
3. The Divisional Deputy Commissioner,
Social Welfare, Nashik Division,
Nashik.
4. Assistant Commissioner,
Social Welfare, Ahemadnagar,
Dist. Ahemadnagar. ..RESPONDENTS
...
Mr.Ajay D. Pawar, Advocate for the
petitioners.
Mr.K.N.Lokhande, AGP for the respondent-
State.
...
WITH
953. WRIT PETITION NO.5872 OF 2021
1. Vaishali Shaligram Ambhore,
Age: 48 years, Occu:Service,
R/o. Madhyamik Ashram School,
Pundalik Nagar Jatwada,
Tq. and Dist. Aurangabad.
2. Sandip Ukhurdu Chinchpure,
Age: 33 Years, Occu : Service.
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3. Narayan Khandu Kaatkar
Age: 38 Years, Occu : Service,
Petitioner nos. 3 and 4 are
R/o. Primary Ashram School,
Pundalik Nagar Jatwada,
Tq. and Dist. Aurangabad.
4. Dhrupata Sakharam Shinde,
Age : 42 Years, Occu : Service,
R/o. Primary Ashram School,
Anjandoh, Tq. and Dist. Aurangabad.
5. Badrinath Govind Jadhav,
Age: 36 Years, Occu : Service,
R/o. Primary Ashram School,
Brahmani Garada, Tq. Kannad,
Dist. Aurangabad.
6. Manika Shantaram Choudam,
Age: 37 Years, Occu : Service,
R/o Primary Ashram School,
Siradhon, Tq. Kandhar, Dist. Nanded.
7. Pradipsing Ganeshsing Rajput,
Age: 47 Years, Occu : Service,
R/o Primary Ashram School,
Himayat Nagar, Tq. Himayat Nagar,
Dist. Nanded.
8. Appasaheb Laxman Pawar,
Age: 48 years, Occu : Service,
R/o. Primary Ashram School,
Dhawalpuri, Tq. Parner, Dist.Ahemadnagar
9. Sandip Devidas Patil,
Age: 37 Years, Service,
R/o. Primary Ashram School Ranaiche,
Tq. Amalner, Dist. Jalgaon.
10. Dagadu Rasal Pawar,
Age: 47 Year, Occu : Service,
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R/o. Primary Ashram School,
Kurha-Kakoda, Tq.Muktainagar,
Dist. Jalgaon.
11. Mangala Jayram Dhangar,
Age: 52 years, Occu : Service,
R/o. Madhyamik Ashram School,
Dondaicha, Tq. Shindkheda,
Dist. Dhule. ..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through Secretary,
Other Backward Bahujan Welfare
Department, Mantralaya,
Mumbai-32.
(Copy to be served on Govt.
Pleader, High Court of Bombay
Bench at Aurangabad)
2. The Director,
Other Backward Bahujan Welfare,
Maharashtra State, Pune.
3. The Divisional Deputy Commissioner,
Social Welfare, Aurangabad Division,
Aurangabad.
4. The Divisional Deputy Commissioner,
Social Welfare, Latur Division,
Latur.
5. The Divisional Deputy Commissioner,
Social Welfare, Nashik Division,
Nashik.
6. Assistant Commissioner,
Social Welfare, Aurangabad,
Dist. Aurangabad.
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7. Assistant Commissioner,
Social Welfare, Nanded,
Dist. Nanded.
8. Assistant Commissioner,
Social Welfare, Ahemadnagar,
Dist. Ahemadnagar.
9. Assistant Commissioner,
Social Welfare, Jalgaon,
Dist. Jalgaon.
10. Assistant Commissioner,
Social Welfare, Dhule,
Dist. Dhule. ..RESPONDENTS
...
Mr.Ajay D. Pawar, Advocate for the
petitioners.
Mr.S.P.Tiwari, AGP for the respondent-State.
...
CORAM: S.V.GANGAPURWALA &
SHRIKANT D.KULKARNI,JJ.
DATE : 06.04.2021.
ORAL JUDGMENT : [ Per : S.V.Gangapurwala, J.]
1] Heard.
2] Rule. With the consent of parties,
petitions are taken up for final hearing at
admission stage.
3] The petitioners are praying for
directions to the respondents to grant higher
pay scale as well as benefits of Assured
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Career Progress Scheme (ACP Scheme), since
they have completed 12 years services from
the date of their initial appointment and the
Government Resolution dated 30/04/1998
entitles them to receive such benefits.
4] The respondents/authorities have
refused to scrutinize their proposal,
contending that the scheme does not apply to
the employees of Ashram Schools. The reason
recorded by the respondents for their refusal
to scrutinize the case of the petitioners is
not sustainable in view of the judgment
delivered by this Court in Writ Petition No.
7256 of 2011 and other companion matters
(Sunil Tukaram Ukande & Ors. Vs. State of
Maharashtra), decided on 02/12/2013. In para
No.5 of the judgment, the Division Bench of
this Court has observed thus :
"5. The issue raised in the
petition is no more res integra in
view of judgment of the Division
Bench at Principal Seat in Writ
Petition No.2538/2013 and other
companion matters decided on Sept.
21st, 2013, the Division Bench in
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paragraph Nos. 17 to 19 of the order
has observed thus :-
"17. The Assured Career Progress
Scheme is a welfare scheme which is
basically brought about to remove
stagnation as very few promotion
avenues are available to Group 'C'
and 'D' employees. The ACPS enable
the eligible employees to be placed
in higher pay scale. The eligible
non-teaching staff of the aided
Secondary Schools in Group 'C' and
'D' category gets the benefits of
ACPS. But the similar category of
employees in the aided private
Ashram Schools who perform identical
duties have been denied of ACPS
which infringes their fundamental
rights under Articles 14 and 16 of
the Constitution of India. The
action of denial of benefits to the
similarly placed employees
discharging similar duties is
arbitrary and violative of Article
14 of the Constitution of India.
18. Only on the basis of
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purported ground of financial
crunch, we fail to understand the
approach of the State Government of
discriminating between the non-
teaching staff of aided private
schools. At one stage both the
Schools were functioning under the
control of only one department.
19. In our view the denial of
benefit of ACPS amounts to
discrimination, which is hit by the
rights guaranteed by Article 14 and
16 of the Constitution of India."
5] In view of above, the petitions
deserve to be allowed and the same are
accordingly allowed.
6] The respondents are directed to
examine case of the petitioners for deciding
whether they satisfy the criteria laid down
for claiming benefits under ACPS, applicable
to the private aided schools under the
Government Resolution dated 30.04.1998 and as
modified from time to time and if it is found
that the petitioners satisfy the eligibility
criteria, the respondents shall extend the
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benefits to the petitioners. The respondents
shall scrutinize the case of the petitioners
as expeditiously as possible and preferably
within a period of four months from the date
of scrutiny of the proposal.
7] Rule is made absolute in above
terms.
8] Writ Petitions are disposed of. No
costs.
[SHRIKANT D.KULKARNI,J.] [S.V.GANGAPURWALA,J.]
DDC
